The preservation and improvement of the quality
of the natural and man-made environment within the Town of Marilla
in the face of population growth, urbanization and technological change,
with their accompanying demands on natural resources, are found to
be of increasing and vital importance to the health, welfare and economic
well-being of present and future inhabitants and require forthright
action by this Town Board. It is recognized that the biologic integrity
of the environment, on which man is dependent for survival, and the
natural and functional beauty of our surroundings, which condition
the quality of our life experience, cannot be protected without the
full cooperation and participation of all of the people of the Town
working in partnership with local and state officials and with various
public and private institutions, agencies and organizations. Establishment
of a Conservation Board is a necessary step fostering unified action
on environmental problems.
The Town Board of the Town of Marilla hereby
creates a Board which shall be known as the "Town of Marilla Conservation
Board," hereinafter called the "Board."
[Amended 4-8-2010 by L.L. No. 5-2010]
A. The Board
shall consist of seven regular members and up to three alternate members,
who shall be appointed by the Town Board. The alternate members of
the Board shall be appointed for the term as specified by the Town
Board at the time of their appointment. The alternate members shall
be entitled to participate when one or more of the regular members
is absent for any reason. All alternate members shall be entitled
to participate in deliberations, but the Chairman of the Board shall
designate at the beginning of the meeting as to which alternate member
or members shall be entitled to vote if more alternate members are
present than regular members are absent. One of the members so appointed
may be, but is not required to be, at the time of his appointment
between the ages of 16 and 21 years. Persons residing within the Town
of Marilla who are interested in the improvement and preservation
of environmental quality shall be eligible for appointment as a member
of the Board. Vacancies on the Board shall be filled in the same manner
as the original appointment, except that a vacancy occurring other
than by the expiration of term of office shall be filled only for
the remainder of the unexpired term.
All members shall be appointed for terms of
two years.
[Added 12-14-2006 by L.L. No. 2-2006; amended 4-8-2010 by L.L. No.
5-2010]
Each member appointed to the Board, including
the alternate members, shall be required to attend at least 75% of
the regularly scheduled meetings of the Board and shall not fail to
attend more than three consecutive regularly scheduled meetings in
any calendar year. Failure to meet these attendance standards shall
be grounds for removal by the Town Board.
The powers and duties of the Board shall be
to:
A. Advise the Town Board on matters affecting the preservation,
development and use of the natural and man-made features and conditions
of the Town insofar as beauty, quality, biologic integrity and other
environmental factors are concerned and, in the case of man's activities
and developments, with regard to any major threats posed to environmental
quality, so as to enhance the long-range value of the environment
to the people of the Town.
B. Develop and, after receiving general approval by resolution
of the Town Board, conduct a program of public information in the
community which shall be designed to foster increased understanding
of the nature of environmental problems and issues and support for
their solutions.
C. Conduct studies, surveys and inventories of the natural
and man-made features within the Town of Marilla and such other studies
and surveys as may be necessary to carry out the general purposes
of this chapter and submit copies of the same to the Town Board.
D. Maintain an up-to-date inventory or index of all open
spaces in public or private ownership within the Town of Marilla,
including, but not limited to, natural landmarks, glacial and other
geomorphic or physiographic features; streams and their floodplains,
swamps, marshlands and other wetlands; unique biotic communities;
scenic and other open areas of natural or ecological value and of
the ownership, present use and proposed use of such open areas, so
as to provide a base of information for recommendations by the Board
for their preservation and/or use and submit copies of the same to
the Town Board.
E. Seek to coordinate, assist and unify the efforts of
private groups, institutions and individuals within the Town of Marilla
in accordance with the purpose of this chapter.
F. Maintain liaison with public and private agencies
and organizations of local, state and national scope whose programs
and activities have an impact on the quality of the environment or
who can be of assistance to the Board.
G. Working in cooperation with the Town Planning Board,
recommending from time to time to the Town Board features, plans and
programs relating to environmental improvement for inclusion in the
Master Plan of the Town of Marilla and, similarly, recommend to the
Town Board appropriate and desirable changes in local laws and ordinances
relating to environmental control.
H. Carry out such other duties as may be assigned from
time to time by the Town Board or as set forth under § 239-x
of the General Municipal Law.
The Board shall submit an annual report to the
Town Board not later than December 31 of each year concerning the
activities and work of the Board and from time to time shall submit
such reports and recommendations as may be necessary to fulfill the
purposes of this chapter.
[Amended 12-14-2006 by L.L. No. 2-2006]
The reasonable and necessary expenses of the
Board shall not exceed the appropriations that may be made therefor
by the Town Board. The members of such Board shall be compensated
at the rate established annually by the Town Board. The charges and
expenses so permitted by appropriation of the Town Board for such
Board shall be a charge upon the taxable real property of the Town
of Marilla and shall be assessed, levied and collected therefrom in
the same manner of other Town charges.
This chapter shall be deemed an exercise of
the powers of the Town of Marilla to preserve and improve the quality
of the natural and man-made environment on behalf of the present and
future inhabitants thereof. This chapter is not intended and shall
not be deemed to impair the powers of any other public corporation.